Hi Crispdust, Yeh I am with you. We have just been transferred to Mercantile Court in Leeds. I am going to try and have the hearing kept in the County Court. I have checked Form N244. http://www.hmcourts-service.gov.uk/courtfinder/forms/n244_0400.pdf anyone got a clue how to fill it in?? We can ill afford £35. We had to borrow money to get it to County Court stage, then This!!. We are fast believing that we have once again been cra@@ed from a great height. Down but not beaten on with the show We want our money back Good Luck. lorrs

Thanks Bong, Read a few of the threads on http://www.consumeractiongroup.co.uk...t-cases-stays/ Ever had that feeling "WHY US?"???? we are only mere mortals with 4 kids and a bump. I am going to try and argue that our case should be heard in the County Court. We are not Big Business our total claim is for 4.5k. We cannot afford the big court. Will HSBC be as worried as us?

Hi, Just recieved the following letter. The Judge sitting at the Courthouse considered the papers in the case and ordered that 1) The claim is transfered to the Mercantile Court. 2) The claims are reserved for all purposes to His Honour Judge ______. 3) because this order has been made by the court without considering representation from the parties, the parties have the right to apply to have the order set aside, varied or stayed. A party wishing to make an application must send or deliver the application to the courts (together with any appropriate fee) to arrive within 7 days of service of the order. What is Mercantile Court??. What must we do now?, apart from panick!!!!! any advice please! lorrs

Hi Bong, yes we have made a mistake. Simply by including ALL of the debit interest charges. We now realise that we should only have included the interest on the overdraft excess charge and not on the whole overdraft. Think we got carried away in the hope of getting some our money back. Now we need to work out, as you have done in your example. what those charges would be. Then we can compare the Banks offer. I must admit that this whole process is giving us some sleepless nights. Half of me wants to fight on, the other half says accept. We have four children and one imminent(5th) We could certainly use the money right now. We have had to have managed loans to cover our overdrafts. I must say we have like lots of other been hammered for charges. This is just a real lifeline to get back on track and hopefully out of the debt track. The dilema continues!!!!!!!!!!!!!! We are soOOOOO!!! grateful for this site and the help we have recieved. THANKS ALL. Keep the advice coming we need it!!!!

Hi, If we have made a mistake with the Debit interest, then surely we would be able to claim the interest back which has been charged on the Overdraft fee. 14%-!6%. If the case goes to court will we be able to claim costs for time spent on the preparation of the court case. is that right? Don,t mean to sound thick, but what are Disbursments?.

Thanks for your replies. We put the Overdraft fee and Debit charges into excel spreadsheet and posted off the claim. We have started mcol and have returned Allocation Questionaire. We are also claiming 8% plus court costs. Have we made a mistake by including our debit charges?. Has anybody done the same. What was the outcome?. Should we just accept the offer?. lorrs

Hi we have just recieved letter from DG. Still pondering what to do!. should we reconsider and accept or should we continue with our claim. This letter was recieved after we have filed our allocation questionaire. We are still waiting for court date and have squeaky bums!!. Any advice would be truly received with gratitude. It seems the Bank attitude is take it or leave. This is copy of letter - Dear sir Our client has without any admission of liability,offered to return "All Charges imposed" on our account. Our client has not offered to make any payment to you in relation to the debit interest applied to your account. This interest is not a charge, but is simply interest on the underlying overdraft borrowing and, as such, there is no question of our client making any payment in repsect of it. We respectfully suggest that you reconsider the offer made in relation to this matter.

Hi I have already issued mcol and now allocation questionaire. I have now read that it is possible to claim back managed load/loan interest. I am not sure whether there are defaults on the account, and because of limited space on the MCOL form I did not request removal. Are we too late?. How can it be approached?. any Advice would be very helpful. Thanks

Hi, No contact from DG. Filed Allocation Questionaire today. Now we will just have to wait. I am sooooooooooooo nervous. What is the usual time scale for court hearing after AQ filed?. He's got his best Suit out (the one he got married in 10 years ago.) lorrs

Hi, Do open a parachute account as standby. I would not close the account just yet, when you have filed your claim and waited for an offer. You can ask that the payment be made in cheque form and then pay it into your choice of bank. Then close the account if you wish. Good Luck lorrs

Thanks Lateralus, I will probably take your advice and call them tomorrow. I don't think my nerves will last out, so If I hear nothing by Friday I will lodge AQ on Monday, dare not wait while Tues in case I get knocked down going to the Court House or abducted by Aliens. Yeh!! O.k I am definately loosing it. Thanks again lorrs

Hi, We were in the same position and at the deadline they submitted their defence. At the same time they sent an offer letter. Both arrived on the same day. We have refused their offer and wrote back the stating we would only accept it as part payment and would persue in the courts. We are now just anxiously waiting for their next offer. I have posted asking advice on the Allocation Questionaire http://www.consumeractiongroup.co.uk/forum/hsbc-bank/39106-allocation-questionaire-now-later.html This may also apply to you. It may be worth being prepared. Good Luck!!! lorrs

Hi, They haver got until Friday to review their offer. The proceeding have been moved to my local court, so I can file the Allocation Questionaire on Monday. Thanks for the advice Laterlaus. lorrs

Hi, I would appreciate any advice!! MCOL issued - HSBC to Defend. Received offer, but refused. We want the whole amount refunded. (Boy am I nervous!!!!) We have now recieved Allocation Questionaire, It has to be returned by 24/10/2006. should I send it back now or wait to see if there is another offer?. Lorrs

Hi, This is my first post. I have been reading and using a lot of the information on these pages on behalf of my niece and her husband. They have four children with the fifth on the way. I had to bully them into sending the first letter to HSBC, they got the usual disagreement letter in return. Over the last six years their charges amount to over £3000. These charges have been incurred sometimes for been just a few pounds overdrawn and then the consequence of been unable to pay the charges the bank have put the whole family into a downward spiral of debt. They have to rob Peter to pay Paul; unfortunately other household bills have been missed because of this. If they get the charges back I am sure this will give them the boost they so badly need to get back onto an even keel and pay back their debts. Anyway a little more persuasion and a little help they started MCOL. The Bank acknowledged and put in a defense. Last week I received a very emotional phone call from my niece, in between sobs! She read out the letter she had received from the Bank. They were denying everything, but offering all of the charges back, £3800. She could not believe it and her sobs and cries were of joy. I have managed to convince them to carry on with the claim to include the 8% and court costs. So now my dilemma begins, they have trusted my advice so far. I have been pacing the floor wondering if I have given them the right advice. They have sent the standard Letter "We will accept the offer as part payment etc,etc" Ooooh what have I done!!!!!! . Its just playing the waiting game now!. This is a very stressful time. I will keep you posted. Thanks All